Opinion
Motion No: 2012-01058 kc
04-05-2013
Colony East 5th Realty, LLC, Respondent-Appellant, v. Eaztov Holdings and Janice Ovadiah, Tenants-Respondents, and Isaac Ovadiah, Appellant-Respondent.
, P.J.
MICHELLE WESTON
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
Motion by appellant-respondent on an appeal and cross appeal from an order of the Civil Court of the City of New York, Kings County, entered March 21, 2012, to dismiss the cross appeal as untimely. Separate motions by appellant-respondent, in effect, for an enlargement of time to perfect the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that appellant-respondent's motions are consolidated for purposes of disposition; and it is further,
ORDERED that the motion to dismiss the cross appeal is denied; and it is further,
ORDERED that the motions, in effect, for an enlargement of time to perfect the appeal are granted and the appeal shall be perfected by May 3, 2013; and it is further,
ORDERED that in the event the appeal is not perfected on or before May 3. 2013, the court, on its own motion, may dismiss the appeal, or respondent-appellant may move to dismiss the appeal on three days' notice, and may serve such application in person; and it is further,
ORDERED that respondent-appellant's brief shall be filed within 21 days of the date by which appellant-respondent's brief is due to be filed pursuant to this decision and order, and it is further,
ORDERED that no further applications by appellant-respondent for an enlargement of time to perfect the appeal shall be entertained.
ENTER:
Paul Kenny
Chief Clerk